- 1 - HC-KAR NC: 2025:KHC:50506-DB M.F.A. No.3979/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3979/2024 (ESI) BETWEEN: M/S. ROYAL EDUCATIONAL TRUST WARD NO.5, ANJANI EXTENSION CHINTHAMANI 563125 CHIKKABALLAPURA DISTRICT REP. BY ITS PRESIDENT SRI. RAMAKRISHNA K. …APPELLANT (BY SRI. HARISH H.V. ADV.,) AND: 1. THE DEPUTY DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION REGIONAL OFFICE PANCHDEEP BHAWAN NO.10 BINNY FIELDS BINNY PETH, BENGALURU 560023. 2. THE RECOVERY OFFICER EMPLOYEES STATE INSURANCE CORPORATION REGIONAL OFFICE 10 BINNY FIELDS, BINNY PETH BENGALURU 560025. 3. THE BRANCH MANAGER STATE BANK OF INDIA CHINTAMANI BRANCH NR EXTENSION Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:50506-DB M.F.A. No.3979/2024 CHINTAMANI 568125 CHIKAABALLPURA DISTRICT. 4. THE BRANCH MANAGER CANARA BANK CHINTAMANI BRANCH PB NO.3, TEMPLE STREET CHINTAMANI 563125 CHIKAABALLPURA DISTRICT. 5. THE BRANCH MANAGER KARNATAKA BANK CHINTAMANI BRANCH SRI. VIDYA GANAPATHI TEMPLE STREET TRUST BUILDING 1ST FLOOR, OPP. OLD CIVIL BUS STAND CHINTAMANI 563125 CHIKAABALLPURA DISTRICT. 6. THE BRANCH MANAGER, AXIS BANK CHINTAMANI BRANCH NO.2736/1 AND 2585/1 NR EXTENSION, POST OFFICE ROAD CHINTAMANI 565125 CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SRI. A.N. GUNARANJAN, ADV., FOR R6 SRI. NAVEEN RAO, ADV., FOR R3 SMT. GEETHA DEVI M.P. ADV., FOR R1 & R2 R4 & R5 ARE SERVED) THIS MFA IS FILED U/S 82(2) OF EMPLOYEES STATE INSURANCE ACT 1948, PRAYING TO SET ASIDE THE ORDER DATED 16.05.2024, PASSED IN ESI NO.8/2023, ON THE FILE OF EMPLOYEES STATE INSURANCE BANGALORE, INDUSTRIAL TRIBUNAL BENGALURU, VIDE DOCUMENT NO.1 AND CONSEQUENTLY ALLOW THE ABOVE APPEAL AND CONSEQUENTLY SET ASIDE THE ORDER DATED 24.8.2022 PASSED BY THE 1ST RESPONDENT UNDER SECTION 45A OF THE ESI ACT, 1948 AND AS WELL AS THE ORDERS DATED 30.05.2023 AND 16.08.2023 PASSED BY THE 2ND RESPONDENT UNDER SECTION 45G OF THE ESI ACT & ETC. - 3 - HC-KAR NC: 2025:KHC:50506-DB M.F.A. No.3979/2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo dated 03.12.2025 seeking leave of this Court to withdraw the appeal with liberty to file a fresh appeal, if need arises. 2. Memo reads as under: "The appellant has filed the above appeal, challenging the order dated 16.05.2024, passed in the E.S.I No.08/2023 by the Industrial Tribunal Bengaluru. It is submitted that The Employees State Insurance Corporation has notified Amnesty Scheme on 27.06.2025, and has framed scheme for the settlement of cases filed. As per the said notification, the employer shall file a petition before the Hon'ble Court, where he/she has raised the dispute and seek permission of Hon'ble Court for out of Court settlement of matter under litigation. In view of the above notification, the appellant withdraws the above appeal for the settlement of dispute in the Amnesty Scheme. In the event of the non- settlement, the appellant craves leave of the court to approach this Hon'ble court by reopening the case. With - 4 - HC-KAR NC: 2025:KHC:50506-DB M.F.A. No.3979/2024 the said liberty the appellant withdraws the above appeal. Wherefore, the appellant prays that this Hon'ble Court be pleased to dismiss the above appeal as withdrawn with liberty to re-open the above appeal/file a fresh appeal, in the above appeal, in the interest of justice and equity." 3. Memo is placed on record. 4. In view of the said memo, appeal is dismissed as withdrawn with the liberty as sought for. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 5